What is the eviction process in California after a building sale?

Question from Boston, What is the eviction process in California after a building sale?

Answer from AI:

If the building you’re living in is sold in California and you’ve been a tenant for over a year, the new owner must adhere to specific legal procedures to evict you. Here’s a structured summary of your rights and the process involved:

1. Continuity of Tenancy

• Lease Agreement: If you have a fixed-term lease, the new owner must honor it until its expiration. For month-to-month tenancies, the owner can propose changes but must follow legal eviction procedures if you don’t agree.

2. Eviction Protections

• Just Cause Eviction: California’s AB 1482 (Tenant Protection Act) requires landlords to have a valid reason for eviction, such as non-payment of rent or lease violations. Ellis Act evictions allow landlords to exit the rental market but require proper filing and relocation assistance.
• Notice Requirements: Typically, a 60-day notice is needed for tenancies over one year. This notice must be in writing and specify the reason for termination.

3. Local Protections

• City-Specific Laws: Cities like San Francisco or Los Angeles may offer additional tenant protections, including buyout options or relocation assistance. Check local ordinances for specific rights.

4. Eviction Process

• Legal Proceedings: If you don’t vacate after a valid notice, the landlord can file an eviction lawsuit. You must respond, and the case will be heard in court. Consider consulting a legal aid organization or attorney for assistance.

5. Prohibited Practices

• Retaliatory Actions: Landlords cannot evict you in retaliation for exercising tenant rights. Illegal actions, such as utility shutoffs, are prohibited and can be challenged.

6. Buyout Options

• Voluntary Buyouts: The new owner may offer compensation for you to vacate. Ensure any agreement is written, covering the amount, moving costs, and preserving your rights.

7. Document Preparation

• Organize Records: Keep copies of your lease, communications, and payment receipts. These documents are crucial if disputes arise.

8. Legal Consultation

• Seek Advice: If facing eviction, consult a legal professional to explore your options and rights. Nonprofits like the California Rural Legal Assistance Foundation may offer free assistance.

In conclusion, while the sale of the building doesn’t automatically lead to eviction, understanding your rights and the legal process is crucial. The new owner must follow California’s tenant laws, providing proper notice and valid reasons for eviction. Stay informed and prepared to advocate for your rights.